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Mohan Peiris

From Wikipedia, the free encyclopedia
De facto Chief Justice of Sri Lanka from 2013 to 2015 and diplomat
Mohan Peiris
මොහාන් පීරිස්
De factoChief Justice of Sri Lanka
In office
15 January 2013 – 28 January 2015
Appointed byMahinda Rajapaksa
Preceded byShirani Bandaranayake
Succeeded byShirani Bandaranayake
41st Attorney General of Sri Lanka
In office
2008–2011
Appointed byMahinda Rajapaksa
Preceded byC. R. De Silva
Succeeded byShanthi Eva Wanasundera
Personal details
SpousePriyanthi Peiris
ChildrenTalia Peiris
Alma materSt. Joseph's College, Colombo
Royal College Colombo
Sri Lanka Law College
ProfessionAttorney-at-law

Peter Mohan Maithree Peiris,PC (Sinhala:පීටර් මොහාන් මෙෙත්‍රී පීරිස්) is a Sri Lankan lawyer and diplomat. He served as theAttorney General of Sri Lanka from 2008 to 2011 and was thede factoChief Justice of Sri Lanka from 2013 to 2015 whenPresidentMaithripala Sirisena declared his appointmentvoid ab initio in 2015.[1][2] He has been serving as thePermanent Representative of Sri Lanka to the United Nations since January 2021 and was electedVice President of the 78th session of the United Nations General Assembly in June 2023.

Education

[edit]

Peiris was educated atSt. Joseph's College, Colombo andRoyal College, Colombo.[3][4] He played cricket for both schools.[3]

Legal career

[edit]

Following his schooling, Peiris entered theSri Lanka Law College for his legal studies and wascalled to the bar on 19 June 1975 as anAttorney-at-law and became a Solicitor of theCourts of England and Wales in 1978.[3][5] He started his legal practice working under senior lawyersDaya Perera and D. R. P. Gunatilleke after qualifying.

Attorney General's Department

[edit]

Peiris joined theAttorney General's Department in 1981 as astate counsel, later becoming a senior state counsel.[3] During this time he was trained at the National Institute of Trial Advocacy of theHarvard Law School, at the Centre for Police and Criminal Justice Studies of theJesus College, Cambridge and atGeorge Washington University. He left the Attorney General's Department in 1996.[3]

Unofficial Bar

[edit]

After leaving the Attorney General's Department, he joined theunofficial bar engaging in private practice. He practiced in the original and appellate courts and specialized in areas of administrative law, commercial law, land law, fundamental rights and industrial law.[5]

Attorney General

[edit]

Peiris was appointedAttorney General on 18 December 2008 from the unofficial bar.[6] He withdrew murder charges in a case against former deputy ministerChandana Kathriarachchi and served an indictment on unlawful assembly for which the accused pleaded guilty.[7] Furthermore, he withdrew a rape case against Government Party ParliamentarianDuminda Silva.[8]

Peiris was appointed senior legal officer to theCabinet in September 2011.[9] He became Chairman ofSeylan Bank in April 2012.[10]

He represented Sri Lanka in The UN Committee Against Torture in 2011 in which he said that the Sri Lankan Government has received intelligence information that missinglankaeNews cartoonist Prageeth Ekneligoda is living in a foreign country. However, he concurred that he lied when he was summoned by a local court.[11]

Chief justice

[edit]

Peiris was nominated to beChief Justice byPresidentMahinda Rajapaksa following the controversialimpeachment ofShirani Bandaranayake.[12][13] The Parliamentary Council gave its approval for Peiris's appointment on 15 January 2013.[14][15] Peiris was sworn in as chief justice on 15 January 2013.[16][17] Peiris was officially inaugurated as chief justice at a ceremony in the Supreme Court on 23 January 2013.[18] The media, other than the state-owned media, were banned from the ceremony which was boycotted by the Bar Association of Sri Lanka (BASL), the largest lawyers association in the country.[19][20] The ceremony was however attended by other judges including the associate judges of the Supreme Court.[21]

Peiris' appointment drew some criticism. Peiris is considered to be an ally of President Rajapaksa and his appointment was seen by critics as further consolidation of power by the president andhis family.[22][23]United Nations High Commissioner for Human RightsNavi Pillay expressed doubts about Peiris' independence and impartiality, particularly when dealing with allegations of serious human rights violations by the Sri Lankan government.[24][25] TheInternational Commission of Jurists condemned Peiris' appointment, describing it as a "further assault on the independence of the judiciary".[26][27]

Maithripala Sirisena, the president elected on 8 January 2015, refused to take oaths before him on the basis his appointment was illegal and took oaths before Justice Hon.K. Sripavan, the most senior judge of the Supreme Court.

According to Sirisena, Mohan Peiris visited him several times begging not to remove him and promising to deliver judgements according to his wishes.[28]

On 28 January 2015, the Government of Sri Lanka acknowledged that the appointment of Mohan Peiris as the chief justice was void at its inception as Dr. Shirani Bandaranayake was not impeached lawfully and therefore, no vacancy existed for the post of chief justice. That paved the way for Dr. Shirani Bandaranayake to resume duties as the chief justice of Sri Lanka.[1]

Later work

[edit]

Peiris was appointed thePermanent Representative of Sri Lanka to the United Nations in January 2021 by PresidentGotabaya Rajapaksa.[5] In 2022, he was elected chair of theFirst Committee (Disarmament and International Security) replacing Magzhan Ilyassov.[29] He was electedVice President of the 78th session of the United Nations General Assembly in June 2023.[30]

Family

[edit]

Peiris's wife Priyanthi is also an attorney-at-law. Their teenage daughter Talia died in July 2002.[31] Peiris is aRoman Catholic and is a worshipper atAll Saints' Church, Borella.[32]

See also

[edit]

References

[edit]
  1. ^ab"Video: Dr. Shirani Bandaranayake resumes duties as CJ - Breaking News | Daily Mirror".
  2. ^"Overview". Judicial Service Commission Secretariat. Archived fromthe original on 19 October 2013. Retrieved19 October 2013.
  3. ^abcdeMalalasekera, Sarath (6 July 2004)."Legal luminaries sworn in as President's Counsel".Daily News (Sri Lanka). Archived fromthe original on 5 June 2011.
  4. ^Mohan Peiris Sworn in as CJ
  5. ^abc"New Permanent Representative of Sri Lanka Presents Credentials".un.org. United Nations. Retrieved4 June 2023.
  6. ^"Mohan Peiris appointed Sri Lanka's new Attorney General".TamilNet. 18 December 2012.
  7. ^"Mirror.lk".
  8. ^"Daily Mirror - Sri Lanka Latest Breaking News and Headlines".
  9. ^Malalasekera, Sarath (1 September 2011)."New post for former AG".Daily News (Sri Lanka).
  10. ^Malalasekera, Sarath (30 April 2012)."Mohan Pieris, new Seylan Bank chairman".Daily News (Sri Lanka).
  11. ^"Sri Lanka Campaign for Peace and Justice". Archived fromthe original on 2013-01-22. Retrieved2013-05-23.
  12. ^"Mohan Peiris nominated as next Chief Justice".The Sunday Times (Sri Lanka). 14 January 2013.
  13. ^"Sri Lanka seals impeachment with new judge".Bangkok Post/Agence France-Presse. 15 January 2013.
  14. ^"Parliamentary Council approves Peiris as new CJ".The Nation (Sri Lanka). 15 January 2013. Archived fromthe original on 1 February 2013.
  15. ^"Mohan Peries's name approved".The Daily Mirror (Sri Lanka). 15 January 2013.
  16. ^"New Sri Lanka chief justice Mohan Peiris sworn in amid opposition".BBC News. 15 January 2013.
  17. ^Bulathsinghala, Frances (16 January 2013)."New CJ of Sri Lanka sworn in".Dawn.
  18. ^"Sri Lanka lawyers boycott chief justice ceremony".BBC News. 23 January 2013.
  19. ^"Media blackout for ceremonial sitting".The Daily Mirror (Sri Lanka). 23 January 2013.
  20. ^"Sri Lanka's legal fraternity takes a stand for judicial independence".Radio Australia. 24 January 2013.
  21. ^"Rich and poor equal before the law – CJ Peiris".The Island (Sri Lanka). 23 January 2013.
  22. ^Crabtree, James (15 January 2013)."Sri Lanka appoints new Chief Justice".Financial Times.
  23. ^Francis, Krishan (15 January 2013)."Sri Lankan leader replaces Chief Justice with ally".The Guardian/Associated Press.
  24. ^"Press briefing notes on Mali, Sri-Lanka, Zimbabwe and Iran".Office of the United Nations High Commissioner for Human Rights. 18 January 2013.
  25. ^"UNHCR to release a report on SL".The Daily Mirror (Sri Lanka). 18 January 2013.
  26. ^"Sri Lanka: appointment of new Chief Justice undermines Rule of Law".International Commission of Jurists. 15 January 2013.
  27. ^"Reinstate ex-Chief Justice-ICJ".The Daily Mirror (Sri Lanka). 16 January 2013.
  28. ^"President reveals why he removed Mohan Peiris". Retrieved17 February 2017.
  29. ^"Mohan Pieris (Sri Lanka) Chair of First Committee".un.org. United Nations. Retrieved4 June 2023.
  30. ^"Sri Lanka elected Vice-President of 78th UNGA". Daily Mirror. Retrieved4 June 2023.
  31. ^"Obituaries".Daily News (Sri Lanka). 4 July 2012.
  32. ^"Mohan Pieris - The New ChiefJustice"(PDF).Messenger. 20 January 2013. p. 1.
Legal offices
Preceded byChief Justice of Sri Lanka
2013-2015
Succeeded by
Preceded byAttorney General of Sri Lanka
2008–2011
Succeeded by
Preceded byPermanent Representative to the United Nations
2021–Present
Succeeded by
The Court
Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
Current
membership
Chief Justice
Puisne
justices
All members
Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
Thede factoPeiris court (2013–2015)
Dec 2014–Jan 2015
2014–Dec 2015
May 2014– 2014
Apr 2014–May 2014
Apr 2014–Apr 2014
Mar 2014–Apr 2014
Dec 2013–Mar 2014
Apr 2013–Dec 2013
Feb 2013–Apr 2013
Feb 2013–Feb 2013
Jan 2013–Feb 2013
Advocate fiscals
Queen's advocates
Attorneys general
  • 1King's Advocate
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